EXEMPTED WORK
Schedule 1 & Schedule 3
From 1 May 2007, the following work is exempt as described:
Schedule 1: Identifies the work, which does not require a building warrant and does not
require to satisfy the Building Regulations. (However see notes below and exceptions)
(1)
Regulations 8 to 12 shall not apply to any building or any services, fittings and equipment the
whole of which falls into any one or more of the exempted types described in Schedule 1 of
The Building (Scotland) Regulations 2004. Please refer to the “Explanation” section in these
regulations for further guidance.
(2)
The provision of services, fittings and equipment to, or the demolition of or removal of,
exempted buildings or exempted services, fittings and equipment is exempt
(3)
For the purposes of this regulation, for the avoidance of doubt, each such exempted type
does not include any of the exceptions expressed in relation to that type.
(4)
Particular care is necessary where exempted work is in the vicinity of, or attached to, an
existing building. The level of compliance of the exiting building with Building Regulations
should not be adversely affected when exempt works are undertaken.
(5)
Where exempt work requires that alteration is made to an existing building to maintain the
level of compliance with Building Regulations, a building warrant may be required. i.e. where
it is intended to construct a porch, which falls within Type 18, over an accessible entrance and
a new accessible entrance is required.
(6)
Such work, while neither subject to a warrant nor required to satisfy the building regulations,
is still subject to the regulations about the provision of protective works (reg 13), the cleaning
of footpaths (reg 14), the securing of unoccupied and partly occupied buildings (reg 15) and to
the provisions for dangerous or defective buildings.
Schedule 1 - Exempted buildings and services, fittings and equipment.
This work does not require either a building warrant or to satisfy the building regulations.
Type A
Buildings or work controlled by other legislation
(1)
A building in which explosives are manufactured or stored under a licence granted under the
Manufacture and Storage of Explosives Regulations 2005.
(2)
A building erected on a site, which is subject to licensing under the Nuclear Inspections Act
1965.
Exception: A dwelling, residential building, office, canteen or visitor centre.
(3)
A building included in the schedule of monuments maintained under section 1 of the Ancient
Monuments and Archaeological Areas Act 1979.
Exception: A dwelling or residential building.
Protective works
(4)
Protective works subject to control by Regulation 13.
Buildings or work not frequented by people
(5)
A building into which people cannot or do not normally go.
Exceptions:
A building within 6 metres or the equivalent of its height (whichever is the less) of the
boundary.
A wall or fence.
A tank, cable, sewer, drain or other pipe above or below ground for which there is a
requirement in these regulations.
(6)
Detached fixed plant or machinery or a detached building housing only fixed plant or
machinery, the only normal visits to which are intermittent visits to inspect or maintain the
fixed plant or machinery.
Exception: A building within 1 metre of a boundary.
Agricultural and related buildings
(7)
An agricultural greenhouse or other building of mainly translucent material used mainly for
commercial growing of plants.
Exception: A building used to any extent for retailing (including storage of goods for retailing)
or exhibiting.
(8)
A single-storey detached building used for any other form of agriculture, fish farming or
forestry.
Exceptions:
A building used to any extent for retailing (including storage for retailing) or exhibiting.
A building exceeding 280 square metres in area.
A building within 6 metres or the equivalent of its height (whichever is the less) of a boundary.
A dwelling, residential building, office, canteen or visitor centre.
A dung stead or farm effluent tank.
Works of civil engineering construction
(9)
A work of civil engineering construction, including a dock, wharf, harbour, pier, quay, sea
defence work, lighthouse, embankment, river work, dam, bridge, tunnel, filter station or bed,
inland navigation, reservoir, water works, pipe line, sewage treatment works, gas holder or
main, electricity supply line and supports, any bridge embankment or other support to railway
lines and any signalling or power lines and supports, and a fire practice tower.
Exceptions:
A bridge or tunnel forming part of an escape route or an access route provided to meet a
requirement of these regulations.
A private sewage treatment works provided to meet a requirement of these regulations.
Buildings of a specialised nature
(10)
A building essential for the operation of a railway including a locomotive or carriage shed or
for the operation of any other work of civil engineering contained in type 9 and erected within
the curtilage of such a railway or work.
Exceptions:
A signalling and control centre for a railway or dock.
A building to which the public is admitted, not being a building exempted by type 11 of this
schedule.
A dwelling, residential building, office, canteen, or warehouse.
(11)
A single-storey detached road or rail passenger shelter or a telephone kiosk, which in so far
as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule
5.
Exceptions:
A building having a floor area exceeding 30 square metres.
A building containing a fixed combustion appliance installation.
(12)
A caravan or mobile home within the meaning of the Caravan Sites and Control of
Development Act 1960, or a tent, van or shed within the meaning of section 73 of the Public
Health (Scotland) Act 1897.
Exception: Any wastewater disposal system serving a building of this type.
Small buildings
(13)
A detached single-storey building having an area not exceeding 8 square metres.
Exceptions:
A dwelling or residential building.
A building ancillary to and within the curtilage of a dwelling.
A building within 1 metre of a boundary.
A building containing a fixed combustion appliance installation or sanitary facility.
A wall or fence.
Construction and development buildings
(14)
A building used only by people engaged in the construction, demolition or repair of any
building or structure during the course of that work.
Exception: A building containing sleeping accommodation.
(15)
A building used in connection with the letting or sale of any building under construction until
such time as the letting or sale of all related buildings is completed.
Exception: A building containing sleeping accommodation.
Temporary buildings
(16)
A building which, during any period of 12 months, is either erected or used on a site –
(a) for a period not exceeding 28 consecutive days; or
(b) (b) for a number of days not exceeding 60,
(c) and any alterations to such buildings.
Buildings ancillary to houses
(17)
A detached single-storey building ancillary to and within the curtilage of a house.
Exceptions:
A building exceeding 8 square metres in area.
A building within 1 metre of the house unless it is at least 1 metre from any boundary.
A building containing sleeping accommodation.
A building containing a flue, a fixed combustion appliance installation or sanitary facility.
A wall or fence.
(18)
A single-storey building attached to an existing house, which is ancillary to the house and
consists of a conservatory or porch which insofar as it is glazed complies with the
requirements of regulation 9 and paragraph 4.8 of Schedule 5.
Exceptions:
A building exceeding 8 square metres in area.
A building containing a flue, a fixed combustion appliance installation or sanitary facility.
A building within 1 metre of a boundary.
(19)
Any single-storey building which is detached, or is attached to an existing house and which is
ancillary to the house and consists of a greenhouse, carport or covered area.
Exceptions:
A building exceeding 30 square metres in area.
A building containing a flue, a fixed combustion appliance installation or sanitary facility.
Buildings ancillary to flats or maisonettes
(20)
A detached single-storey building ancillary to and within the curtilage of a flat or maisonette.
Exceptions:
A building exceeding 8 square metres in area.
A building within 1 metres of the flat or maisonette or within 3 metres of any other part of the
building containing the flat or maisonette.
A building within 1metre of a boundary.
A swimming pool deeper that 1.2 metres.
A building containing a flue, a fixed combustion appliance installation or sanitary facility.
A wall or fence.
Paved areas
(21)
A paved area or hard standing.
Exceptions:
A paved area or hard standing exceeding 200 square metres in area.
A paved area forming part of an access to meet a requirement of these regulations.
Schedule 3:
Identifies the work, which does not require a building warrant but does require to satisfy the
Building Regulations. (However see notes below and exceptions)
(1)
It is important to note that where a building warrant is not required but the work must still
comply with the building regulations, the building regulations shall be those in force at the
date on which the contract for the work was entered into. This transitional arrangement only
applies where the contract is entered into before 1st May 2007, the work is commenced before
1st July 2007 and the work is completed before 31st August 2007.
(2)
For the purposes of section 8(8) of the Act, any work which consists solely of a building or
conversion, including the provision of services, fittings or equipment, of a kind specified in
Schedule 3, shall meet the standards required by regulations 8 to 12 but shall not, subject to
the exceptions and conditions, require a warrant. Please refer to the “Explanation” section in
these regulations for further guidance.
(3)
Regulation 5 and Schedule 3 specifies what work can be done without the need to obtain a
building warrant. The categories of work permitted without warrant are generally more
extensive than under previous Scottish building regulations. The exception about increasing
the floor area is intended to apply where there will be structural implications arising from such
work. Examples are the creation of a mezzanine floor or the infill of a stairwell. However such
work must still comply with the regulations.
(4)
Other changes, such as the development of a roof-space or a garage as habitable space are
conversions in terms of regulation 4, a warrant is required and the regulations also apply.
Where a roof-space has limited boarding inserted to allow access to services or to allow attic
storage, or where the removal of a non-load bearing wall creates a marginal increase in floor
area this should not be considered as increasing the floor area.
(5)
Buildings, other than domestic or residential buildings, where the public are not normally
admitted are granted a similar concession in Type 2, allowing many offices and factories for
example to make the kind of small alterations necessary to accommodate changes in
production or process. Again however, the work done should be to the standard of the
building regulations.
(6)
The broad types described above are followed by types 3 to 23 covering more specific works
that do not require a warrant. These begin with small buildings (Type 3), particularly those
within the curtilage of dwellings (Types 4 and 5). Note that some of these may now be in the
curtilage of flats or maisonettes provided they are a sufficient distance from the dwellings.
(7)
Types 24 to 26 are different in that they cover work that is closer to a repair than new work.
For example, should the tiles on a roof require to be replaced, this can be done without any
need to upgrade the structure, insulation or similar aspects, and no warrant is required.
(8)
These replacements are therefore required to be to a standard no worse than the existing
rather than to the standard for completely new work. Complete replacement windows, doors
and roof-lights now have to meet the full requirements of the standards. There is no 'like for
like' replacement.
(9)
For historic buildings however, where there is a need to match the existing, the principle of
'like for like' may be permitted, as it is considered that such work might be treated as a repair.
(10)
Such work, while not subject to a warrant, is still subject to the regulations about the provision
of protective works (reg 13), the cleaning of footpaths (reg 14), the securing of unoccupied
and partly occupied buildings (reg 15) and to the provisions for dangerous or defective
buildings.
Important Note: It is the responsibility of the owner of the property to ensure that any works
carried out on their property satisfies the building regulations. If you require guidance on the
building regulations you can view the regulations at the Scottish Building Standards Agency
website at www.sbsa.gov.uk. where the regulations can be viewed or downloaded free of
charge. Alternatively you should seek advice from an independent building professional, such
as an architect.
Schedule 3 - Exempted building and work, including the provision of services, fittings and
equipment.
Types A1 –A23 - Do not require a building warrant on condition that types 1 - 23 in all respects
and/or in the manner of their fitting meet any requirement by the regulations.
Type A
(1)
Any work to or in a house.
"house" means a dwelling on one or more storeys, either detached or forming part of a
building from all other parts of which it is divided only vertically.
Please Note: A “house” does not include a flat or maisonette.
Exceptions:
Any work which increases the floor area of the house.
Any demolition or alteration of the roof, external walls or elements of structure.
Any work involving underpinning.
Any work adversely affecting a separating wall.
Any work involving a change in the method of wastewater discharge.
Work, not being work of types 3 to 26 below, to a house having a storey, or creating a storey,
at a height of more than 4.5 metres.
(2)
Any work to or in a non-residential building to which the public does not have access.
Exceptions:
A non-residential building within which there is a domestic or residential building.
Any work which increases the floor area of the building.
Any demolition or alteration of the roof, external walls or elements of structure.
Any work involving underpinning.
Any work adversely affecting a separating wall.
Any work involving a change in the method of wastewater discharge, not being work of types
3 to 26 below, to a building having a storey, or creating a storey, at a height of more than 7.5
metres.
and, without prejudice to the generality of types 1 and 2 above,
(3)
A detached single-storey building, having an area exceeding 8 square metres but not
exceeding 30 square metres.
Exceptions:
A dwelling or residential building.
A building ancillary to, or within the curtilage of, a dwelling.
A building within 1 metre of a boundary.
A building containing a fixed combustion appliance installation or sanitary facility.
A swimming pool deeper than 1.2 metres.
(4)
A detached single-storey building, having an area exceeding 8 square metres but not
exceeding 30 square metres, ancillary to and within the curtilage of a house.
Exceptions:
A building within 1 metre of the house unless it is at least 1 metre from any boundary.
A building containing a fixed combustion appliance installation or sanitary facility.
A swimming pool deeper than 1.2 metres.
(5)
A detached single-storey building, having an area exceeding 8 square metres but not
exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette.
Exceptions:
A building within 1 metres of the flat or maisonette or within 3 metres of any other part of the
building containing the flat or maisonette.
A building within 1 metre of a boundary.
A building containing a fixed combustion appliance installation or sanitary facility.
A swimming pool deeper than 1.2 metres.
(6)
Any work associated with a combustion appliance installation or other part of a heating
installation not being work of types 7 or 8 below.
Exceptions:
Any work associated with a solid fuel appliance having an output rating more than 50kW.
An oil-firing appliance with an output rating more than 45kW.
A gas-fired appliance having a net input rating more than 70 kW.
Any work associated with a chimney, flue pipe or constructional hearth.
Any work associated with an oil storage tank with a capacity of more than 90 litres, including
any pipe work connecting the tank to a combustion appliance providing space or water
heating, or cooking facilities.
Any work adversely affecting a separating wall or separating floor.
(7)
Any work associated with a balanced flue serving a room-sealed appliance.
(8)
Any work associated with pipe work, radiators, convector heaters and thermostatic controls
for, or associated with, type 6 above.
(9)
Any work associated with installing a flue liner.
(10)
Any work associated with refillable liquefied petroleum gas storage cylinders supplying, via a
fixed pipework installation, combustion appliances used principally for providing space
heating, water heating, or cooking facilities.
(11)
Any work associated with the provision of a single sanitary facility, together with any relevant
branch soil or waste pipe.
Exception: Any work associated with a watercloset, waterless closet or urinal.
(12)
Any work associated with the relocation within the same room or space of any sanitary facility,
together with any relevant branch soil or waste pipe.
(13)
Any work associated with the provision of an extractor fan.
(14)
Any work associated with a stair lift within a dwelling.
(15)
Any work associated with the provision of a notice or other fixture for which there is no
requirement provided in these regulations.
(16)
Any work associated with an outdoor sign that is subject to the Town and Country Planning
(Control of Advertisements) (Scotland) Regulations 1984.
(17)
Any work associated with thermal insulating material to or within a wall, ceiling, roof or floor.
Exception: Any work associated with the application of thermal insulating material to the outer
surface of an external wall.
(18)
A wall not exceeding 1.2 metres in height, or a fence not exceeding 2 metres in height.
(19)
Any work associated with open raised external decking.
Exceptions: Any decking at a height of more than 1.2 metres. Decking that forms part of any
access provided to comply with the requirements in regulation 9 and paragraph 4.1 of
schedule 5. Decking that forms any escape route other than from a flat or maisonette,
provided to comply with the requirements in regulation 9 and paragraph 2.9 of schedule 5.
(20)
A door, window, or roof light when the work includes replacing the frame.
(21)
A paved area or hard standing exceeding 200 square metres in area. A paved area forming
part of an access to meet a requirement of these regulations.
(22)
An electrical installation, including a circuit for telecommunication, alarm purposes or for the
transmission of sound, vision or data, which operates at extra-low voltage (not exceeding 50
volts alternating current or 120 volts direct current, measured between conductors or to earth)
and which is not connected directly or indirectly to an electricity supply which operates at a
voltage higher than either of those specified above.
(23)
The construction of a ramp not exceeding 5 metres in length.
Types B24-B26 Do not require a building warrant but this is on condition that this work,
service, fitting or equipment is to a standard no worse than at present. (This allows repairs of
buildings)
(24)
Any work associated with the replacement of a fitting or equipment, in whole or in part, by
another of the same general type, including a sanitary facility (together with any relevant
branch soil or waste pipe), rainwater gutter or down pipe, solid fuel combustion appliance,
electrical fixture, ventilation fan, chimney or flue outlet fitting or terminal, fire hydrant or main,
lift or escalator, solid waste chute or container, kitchen fitments or other fitted furniture and
ironmongery.
Exceptions:
Any door, window or roof light.
Any oil-firing or gas boiler.
(25)
Any work associated with the replacement in whole or in part, by material of the same general
type, of flooring, lining, cladding, covering or rendering either internally or externally.
(26)
Any work to a door, window or roof light, including glazing which is not a complete
replacement falling within type 20 above.